Mayor Mayor Redcay reported that he spent the week at the Denver Fair and also participated in the Annual Celebrity Wing Eating Contest.

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1 October 8, 2018 The October 8 th meeting of Denver Borough Council was called to order at 7:00 p.m. with the following Councilmembers present: Stewart, Flory, South, Rogers, Daub, and Mayor Redcay. The invocation was given by Mayor Redcay, which was followed by the Pledge of Allegiance to the Flag. Citizen s Concerns Patty Fassnacht of 209 Washington Street discussed her concerns regarding the truck traffic coming to Denver Cold Storage. This past week there was another accident that involved her daughter when a truck backed into her vehicle. She stated one of these days someone is really going to get hurt or even killed. She reported that Starla Grossman s house at 301 Washington Street was once hit and the property next to that at 305 Washington Street, their daughter s vehicle was demolished when a truck ran over the front end. Discussion followed regarding the truck traffic, the proposed Weaver Road Bridge, and the possibility of running Washington Street over the railroad tracts connecting the road to the proposed Weaver Road Bridge. Borough Manager Michael Hession discussed even with a new bridge nothing is going to stop trucks from driving on Washington Street and maybe there is a way to work with Denver Cold Storage so trucks do not line up on the street. Ms. Grossman discussed her safety concerns and the fact that even her sidewalk is damaged from trucks driving on it. Discussion followed regarding options for the truck traffic and the fact there are some inexperienced truck drivers. Borough Council asked Mr. Hession to contact Dave Fisher from Denver Cold Storage to discuss these concerns regarding the truck traffic and to see if they would be willing to change the flow of the truck traffic to help eliminate these conflicts on Washington Street. Discussion followed. Meeting Minutes Councilman Stewart made a motion, seconded by Councilman Rogers, to approve the September 10, 2018 and September 24, 2018 meeting minutes. Motion carried unanimously 5 to 0. Borough Council President Councilman Daub stated that he does not have a report. Mayor Mayor Redcay reported that he spent the week at the Denver Fair and also participated in the Annual Celebrity Wing Eating Contest. Borough Manager Mr. Hession reported that he provided a summary and a sample motion regarding the $142, grant that the Borough was awarded for the Washington Street Water Main Interconnection Project. The paperwork needs to be executed and submitted to the Department of Community and Economic Development (DCED). The grant begins September 18, 2018 and runs through June 30, 2021, and the project has been included in the Borough s 2019 Draft Budget. Councilman Stewart made a motion, seconded by Councilman South, to authorize the President or Vice President of Borough Council to execute the grant agreement between DCED and the Borough of Denver for Washington Street Water Main Interconnection Project. Motion carried unanimously 5 to 0. 1

2 Mr. Hession provided an update on the bids received for the Denver Memorial Park Access for All Park Project with the lowest bid received being about $106, over-budget. The bids were rejected and some changes are being done to the project to try reduce costs by approximately $50, to $60, The new project plans and specifications will be finalized in October and a copy will be sent to DCNR explaining the changes. The project will be re-bid in December. A new schedule will be developed over the next several months and the project should be completed by June 30, 2019, the date when the DEP grant expires. Discussion followed. Mr. Hession reported that the Sewer Televising Project is moving along and about onethird (1/3) of the sewer lines have been televised. To date the system will require the installation of one (1) cured-in-place sleeve and has identified a series of leaking laterals connected to the sewer main in the stone alley between Washington Street and the Cocalico Creek. Mr. Hession reported that he received the updated draft of the Educational and Governmental Channel from the Borough Solicitor which included his comments as well as comments submitted by the Cocalico School District. The School District is concerned about municipal content on the channel and the possibility that this addition will result in additional costs to the School District. The Borough Solicitor recommended that the initial Agreement be revised to authorize only the School District to provide programing on the channel at this time. That way the channel can get started and the School District s concerns regarding additional costs for municipal programming will be addressed. Also, that gives the Borough the opportunity to obtain additional technical information from Blue Ridge on how Borough programming and content can be added to the channel without impacting the School District s staff. Discussion followed and Mr. Hession was directed to forward the revised draft Agreement to the School District for their review. Borough Council Committee Reports Councilman South reported that the Finance Committee met tonight before this meeting concerning the Draft 2019 Budget and this issue will be discussed further later in the meeting. Councilman Flory reported that there is a Street Committee meeting on Wednesday, October 10 th at 4:00 p.m. with the new Street Engineer. Borough Council Comments There were no Borough Council comments. Discussion Items Borough Council met with Zoe Smith and Landon Leininger concerning the Denver Junior Councilperson Program. Mr. Hession explained the Junior Councilperson Program, which is established to benefit both the Junior Councilperson and the Borough. The program will run through May, 2019, and since there are two (2) Borough Council meetings per month, one (1) student can attend one (1) meeting and the other student attend the other meeting. Following discussion Councilman Stewart made a motion, seconded by Councilman Flory, to appoint Zoe Smith and Landon Leininger as Co-Junior Councilperson s the school year. Motion carried unanimously 5 to 0. Mayor Redcay then administered the Oath of Office to Zoe Smith and Landon Leininger. Borough Council discussed the Draft 2019 Denver Borough Budget. Mr. Hession reported that the budget packet includes the line item summary which includes larger projects 2

3 such as the Denver Memorial Park Access for All Project and the Washington Street Water Main Interconnection Project. The initial budget does not propose any increases to taxes or rates. There are some fee resolution changes that are being proposed which include the fee structure to obtain building/construction code permits; the Zoning Permit Fee will increase from $15.00 to $25.00 for residential permits and from $30.00 to $50.00 for non-residential Zoning Permits; demolition permits will increase to $50.00; street openings fees will increase from $ to $200.00; and the settlement fee for the certification of selling a parcel including the sidewalk inspection and water meter readings will increase to $ Mr. Hession discussed the Borough s current real estate tax millage which is mils and asked Borough Council to consider rounding that millage rate to 2.53 mills. Borough Council also discussed the current water rate which is $7.50 per 1,000 gallons and considered implementing a smaller increase of 2% increasing the rates to $7.65 per 1,000 gallons. This change will result in about a $21, increase in revenues to the Borough which could be used for future infrastructure costs. Borough Council also discussed the 2018 projected police costs and the projected Borough staff salary and wage increase for Discussion followed. Borough Council discussed the draft ordinance recommended by the Borough Solicitor to give the Borough support for any fee that is charging if these fees are challenged on a legislative process basis. This ordinance will be advertised for action on during Borough Council s December 10 th meeting. Borough Council discussed the Request for Proposal (RFP) for Professional Auditing Services received by the Borough. Mr. Hession reported that Barbara Artz, Treasurer, requested to send RFP s for Auditing Service because there were some conflicts with last year s auditing process. The RFP s were sent out to three (3) firms and one (1) was received back from Herbein and Company, Inc., who currently provide auditing services for the Borough of Akron, Clay Township, Cumru Township, Lower Heidelberg Township, and the Borough of Birdsboro. Mr. Hession reported that he spoke to Sue Davidson from Akron Borough and Barbara Artz spoke to Bruce Leisey from Clay Township and they both seemed happy with them, the process worked well, and they are both going to renew their auditing contracts with Herbein and Company in The costs to contract with Herbein and Company will be $1, less than last year with the option after this year to extend the contract for two (2) additional years. As part of the process, Herbein and Company will meet with Finance Committee and the Borough Treasurer in the next couple weeks and an official appointment can be made by Borough Council in November, Borough Council discussed the draft meeting agenda for the October 23, 2018 Regional Elected Officials Meeting in East Cocalico Township. Mr. Hession reported that Borough Council recommended having Justin Eby from the Lancaster County Land Bank attend the meeting to provide a presentation about the Land Bank. The draft agenda also includes someone from Rettew coming to the meeting to update the municipal officials about various MS4 issues; a discussion concerning the proposed School Resource Officer (SRO) Program since all four (4) municipalities will be there; and an update regarding the 1925 North Reading Road property where all four (4) municipalities have a shared ownership. Discussion followed. Borough Council discussed future ownership of the Fairview Cemetery and Fairview Cemetery Annex located in West Cocalico Township. Mr. Hession reported that the Borough was approached by the Fairview Cemetery Association volunteers who have been maintaining the cemetery and who are getting older, not getting any help to continue maintaining the cemetery, and who are concerned about what will happen when they are no longer able to do 3

4 maintain and coordinate the facility. He stated they were thinking they could turn both the cemetery and cemetery annex over to the Borough and there is also about $150, set up in an annuity. The Borough would continue with the same process they have been doing when someone passes away and is buried there. Councilman Stewart reported that as part of someone s funeral costs they have to pay to have the grave site marked off, the grave dug, and then the grave closed so there is no cost to the Cemetery Association for that work. The only expense they really have is mowing and they recently replaced the fence. Mr. Hession reported that one (1) tract of land owned by the Association is in the Borough on North 4 th Street and is 5.37 acres. The second tract of land, known as the Fairview Cemetery Annex, is a 10.5 acre tract in of land in West Cocalico Township. Part of that 10.5 acres is used for the cemetery and the other part is for access and an open space lot. Discussion followed concerning the tract of land in West Cocalico Township and that in the past, the Borough identified this land as a potential well site for the Borough. Mr. Hession also reported the Cemetery Association offered to give members of Borough Council a walking tour of both sites. Following discussion Councilman South made a motion, seconded by Councilman Rogers, to authorize the Borough to move forward concerning the future ownership of the Fairview Cemetery and Fairview Cemetery Annex located in West Cocalico Township. Motion carried 4 to 0 with Councilman Stewart abstaining from the vote. Borough Council discussed the new streetlights at the Denver Community Pool. Mr. Hession reported that the nine (9) new LED lights at the Denver Community Pool located around the driveway and in the parking area remain on even though the Pool is closed. Borough Council previously discussed once these lights are taken off of the streetlight system the Borough would consider turning these lights off when the pool season is over. Discussion followed concerning the existing lighting on the bath house and the Pool pump house which light up the Pool deck. These lights will be converted to LED lights and will be activated by a dusk to dawn sensor. Following discussion Borough Council was in agreement to turn off the nine (9) LED streetlights on the Pool property during the off season since there will be the dusk to dawn LED lights shining on the Pool deck. Borough Council discussed the notice received from the West Cocalico Township Zoning Hearing Board about a hearing to be held on October 11, 2018 concerning the application of Mitchell Sheaffer for a Special Exception to permit a rural occupation in the OS Woodland District at the property located at 657 Poplar Street, Denver. This property borders the Borough s Well #4 property and the Borough is concerned that the proposed use for this adjacent property could impact We ll #4 since part of this property is located in the Zone I wellhead protection area. Mr. Sheaffer is interested in buying the property, living there, running his landscaping business out of the buildings on the property, and grazing sheep and alpacas on the open space land. Mr. Hession reported that the Borough s ordinance doesn t reference animals in the wellhead protection area, however, the Department of Environmental Protection s (DEP) Community Design Standards prohibit grazing in Zone I wellhead protection areas. Mr. Hession reported that he and the Borough Engineer will attend West Cocalico Township s Zoning Hearing Board meeting and will become a party to the proceeding and will provide testimony concerning the Zone I wellhead protection area and the Borough s request that the use of land in this area complies with the Borough and DEP s regulation. Mr. Hession reported that he did meet with Mr. Sheaffer to discuss the area and Mr. Sheaffer is willing to install an electric fence down in that area to keep the animals out of the Zone I area. Discussion followed concerning the letter drafted by the Borough to be sent to the West Cocalico Zoning Hearing Board regarding 4

5 these concerns along with the following attachments: a copy of the Borough s ordinance, a copy of DEP s Design Standards, a plan set of the Zone I wellhead protection area around Well #4, and a copy of the Borough s Source Water Protection Plan. The Borough s letter will request that if the application is approved, the approval is conditioned on compliance with the Borough s request concerning the Zone I wellhead protection area. Following the discussion, Councilman Stewart made a motion, seconded by Councilman Flory, to authorize the Borough Manager and the Borough Engineer to represent the Borough at the West Cocalico Township Zoning Hearing Board meeting on October 11, 2018 for the purposes of addressing the sale of the property at 657 Poplar Street, Denver, and, to ensure that the Borough s Zone I Wellhead Protection area for Well #4 is protected. Motion carried unanimously 5 to 0. Action Items Councilman South made a motion, seconded by Councilman Rogers, to approve the September, 2018 Treasurer s Report. Motion carried unanimously 5 to 0. Unfinished Business Mayor Redcay reported that he missed some items during his Mayor s Report including on September 12 th he attended the Mayor s Association meeting and on September 29 th, he attended Kalas 60 th Anniversary Celebration and thanked them for their generous gift to the Borough for the Access for All Project at the Park. Also, on September 29 th, he attended a backyard picnic of a friend in Denver Heights where some residents discussed their concerns regarding the new streetlights and the fact the pole is one (1) color and the head of the light is a different color. Discussion followed that the poles purchased from PPL include different colors and in order to match the lights with the poles the majority of poles would have to be replaced. Mayor Redcay also reported that some residents who attended the picnic were not real excited about their street being oil and chipped in the past. Mr. Hession reported that the eleven (11) streetlight poles that were ordered through C.M. High were supposed to be shipped today. Adjournment Councilman Stewart made a motion, seconded by Councilman Rogers, to adjourn the meeting at 8:25 p.m. Motion carried unanimously 5 to 0. Action Items: Michael Hession Borough Manager/Secretary - Motion to approve the September 10, 2018 and September 24, 2018 meeting minutes. Motion carried unanimously 5 to 0. - Motion to authorize the President or Vice President of Borough Council to execute the grant agreement between DCED and the Borough of Denver for Washington Street Water Main Interconnection Project. Motion carried unanimously 5 to 0. - Motion to appoint Zoe Smith and Landon Leininger as Co-Junior Councilperson s the school year. Motion carried unanimously 5 to 0. 5

6 - Motion to authorize the Borough to move forward concerning the future ownership of the Fairview Cemetery and Fairview Cemetery Annex located in West Cocalico Township. Motion carried 4 to 0 with Councilman Stewart abstaining from the vote. - Motion to authorize the Borough Manager and the Borough Engineer to represent the Borough at the West Cocalico Township Zoning Hearing Board meeting on October 11, 2018 for the purposes of addressing the sale of the property at 657 Poplar Street, Denver, and, to ensure that the Borough s Zone I Wellhead Protection area for Well #4 is protected. Motion carried unanimously 5 to 0. - Motion to approve the September, 2018 Treasurer s Report. Motion carried unanimously 5 to 0. - Motion to adjourn the meeting at 8:25 p.m. Motion carried unanimously 5 to 0. 6

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